[s 104]
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Part 3 Amendment of Heavy Vehicle National Law
Page 49
Authorised by the Parliamentary Counsel
104 Amendment of s 464 (Accreditation certificate for heavy
vehicle accreditation etc.)
(1) Section 464(2)(d)—
omit, insert—
(d) for a fatigue alternative compliance
accreditation—the alternative compliance
hours that apply under the accreditation;
(2) Section 464(3), definition prescribed circumstances,
paragraph (c)—
omit, insert—
(c) for a fatigue alternative compliance
accreditation—granted alternative
compliance hours that are different to the
alternative compliance hours sought by the
applicant for the accreditation.
105 Omission of s 466 (Accreditation labels for maintenance
management accreditation and mass management
accreditation)
Section 466—
omit.
106 Amendment of s 467 (Compliance with conditions of BFM
accreditation or AFM accreditation)
(1) Section 467, heading, ‘BFM accreditation or AFM
accreditation’—
omit, insert—
heavy vehicle accreditation
(2) Section 467, ‘BFM accreditation or AFM accreditation’—
omit, insert—
heavy vehicle accreditation
Clause 1
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[s 107]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 50
Authorised by the Parliamentary Counsel
107 Amendment of s 468 (Driver operating under BFM
accreditation or AFM accreditation must carry
accreditation details)
(1) Section 468, heading, ‘BFM accreditation or AFM
accreditation’—
omit, insert—
heavy vehicle accreditation
(2) Section 468(1), ‘BFM accreditation or AFM accreditation’
(wherever appearing)—
omit, insert—
heavy vehicle accreditation
(3) Section 468(1)(b)(ii), ‘relevant’—
omit, insert—
safety
(4) Section 468(1)(c) and example—
omit, insert—
(c) for a driver operating under an alternative
compliance accreditation—a document
containing the information prescribed by the
national regulations.
108 Omission of s 469 (Driver must return particular
documents if stops operating under BFM accreditation or
AFM accreditation etc.)
Section 469—
omit.
109 Amendment of s 470 (General requirements applying to
operator with heavy vehicle accreditation)
(1) Section 470(2), from ‘If’ to ‘operator’—
omit, insert—
Clause 1
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[s 109]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
The operator
(2) Section 470(2)(a), ‘relevant’—
omit, insert—
safety
(3) Section 470(3)—
omit, insert—
(3) If the accreditation is a fatigue alternative
compliance accreditation, the operator must also
ensure each driver who operates under the
accreditation is informed of the alternative
compliance hours applying under the
accreditation.
Maximum penalty—$6000.
(4) Section 470(4)(b) and (c)—
omit, insert—
(b) records demonstrating the operator has
complied with subsections (2) and (3); and
(c) a current list of heavy vehicles to which the
operator’s accreditation relates, if applicable
to the accreditation; and
(d) if the accreditation is an alternative
compliance accreditation—a current list of
drivers operating under the accreditation, if
applicable to the accreditation.
(5) Section 470(5)(b), ‘subsection (4)(b) or (c)’—
omit, insert—
subsection (4)
(6) Section 470(7)(a), ‘subsection (4)(b)(i) or (c)’—
omit, insert—
subsection (4)(c) or (d)
(7) Section 470(9)(a), ‘or 476’—
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Section retrieval-0005 - Heavy Vehicle National Law Amendment Bill 2025 - Document excerpt 5 | Zoe
[s 110]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 52
Authorised by the Parliamentary Counsel
omit.
(8) Section 470(9), note—
omit.
110 Amendment of s 471 (Operator must give notice of
amendment, suspension or ending of heavy vehicle
accreditation)
(1) Section 471(2), penalty, ‘$6000’—
omit, insert—
$10000
(2) Section 471(3)—
omit.
111 Amendment of s 472 (Amendment or cancellation of
heavy vehicle accreditation on application)
(1) Section 472(2)(c) and (d)—
omit, insert—
(c) if the application is for an
amendment—state clearly the amendment
sought and the reasons for the amendment.
(2) Section 472(6)—
omit, insert—
(6) If the Regulator decides not to amend or cancel
the accreditation as sought by the applicant, the
Regulator must give the applicant an information
notice for the decision.
112 Amendment of s 473 (Amendment, suspension or
cancellation of heavy vehicle accreditation on
Regulator’s initiative)
Section 473(1)(e) and (f)—
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[s 113]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
omit, insert—
(e) the Regulator considers it necessary to
prevent or minimise a public risk;
113 Amendment of s 474 (Immediate suspension of heavy
vehicle accreditation)
Section 474(1)(b), ‘serious harm to public safety’—
omit, insert—
a serious public risk
114 Omission of ss 476 and 477
Sections 476 and 477—
omit.
115 Amendment of s 478 (Offences relating to auditors)
(1) Section 478(1), (2), (3) and (4), penalty, ‘$10000’—
omit, insert—
$20000
(2) Section 478(2), after ‘class’—
insert—
, as specified in the audit standard
(3) Section 478(3) and (4), ‘relevant’—
omit, insert—
safety
(4) Section 478(5)—
omit.
116 Insertion of new s 512A
After section 512—
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[s 117]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 54
Authorised by the Parliamentary Counsel
insert—
512A Definition for Pt 9.3
In this Part—
fit, to drive a heavy vehicle, or to start or stop its
engine, for a person, means the person—
(a) is apparently physically and mentally fit to
drive the vehicle, or start or stop its engine;
and
(b) is not apparently affected by either or both
of the following—
(i) alcohol;
(ii) a drug that affects a person’s ability to
drive a vehicle; and
(c) is not found to have an alcohol
concentration in the person’s blood or breath
exceeding the amount permitted, under an
Australian road law of this jurisdiction, for
the driver of a heavy vehicle; and
(d) is not found to be under the influence of a
drug or to have present in the person’s blood
or saliva a drug that the driver of a heavy
vehicle is not permitted to have present in
the driver’s blood or saliva under an
Australian road law of this jurisdiction.
117 Amendment of s 517 (Direction to move heavy vehicle if
causing harm etc.)
Section 517(4), penalty, ‘$6000’—
omit, insert—
$10000
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[s 118]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 55
Authorised by the Parliamentary Counsel
118 Amendment of s 522 (Power to order presentation of
heavy vehicles for inspection)
Section 522(5), penalty, ‘$6000’—
omit, insert—
$10000
119 Amendment of s 524 (Direction to leave heavy vehicle)
Section 524(5), penalty, ‘$6000’—
omit, insert—
$10000
120 Replacement of Pt 9.3, Div 8, hdg (Further powers in
relation to fatigue-regulated heavy vehicles)
Part 9.3, Division 8, heading—
omit, insert—
Division 8 Further powers in relation
to work and rest
arrangements
121 Amendment of s 537 (Application of Div 8)
Section 537, ‘fatigue-regulated’—
omit.
122 Amendment of s 540 (Requiring driver to stop working if
impaired by fatigue)
(1) Section 540, heading, after ‘fatigue’—
insert—
or unfit to drive
(2) Section 540(1), from ‘fatigue-regulated’ to ‘fatigue’—
Clause 1
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[s 123]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
omit, insert—
heavy vehicle is impaired by fatigue or unfit to
drive
(3) Section 540(2)(b) and (5), ‘fatigue-regulated’ (wherever
appearing)—
omit.
(4) Section 540(4), after ‘subsection (2)(a)’—
insert—
in relation to a fatigue-regulated heavy vehicle
(5) Section 540(6), after ‘fatigue’—
insert—
or unfit to drive
123 Amendment of s 573 (Contravention of improvement
notice)
(1) Section 573(1), penalty, ‘$10000’—
omit, insert—
$20000
(2) Section 573(3)—
omit.
124 Amendment of s 576C (Compliance with prohibition
notice)
Section 576C, penalty, ‘$10000’—
omit, insert—
$20000
125 Amendment of s 590 (Formal warning)
(1) Section 590(1)(b)—
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[s 126]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
omit.
(2) Section 590(3)(b), ‘breach.’—
omit, insert—
breach; or
(3) Section 590(3)—
insert—
(c) a contravention of the safety duty imposed
under section 26C.
126 Amendment of s 632A (Using code of practice in
proceeding)
Section 632A(2), ‘registered industry code of practice’—
omit, insert—
code of practice issued by the Regulator under
section 705
127 Insertion of new s 632B
After section 632A—
insert—
632B Use of audit of safety management system in
proceeding
An audit of an operator’s safety management
system carried out by an approved auditor in
accordance with the audit standard is admissible
in proceedings for an offence against section
26D(1A), 26F, 26G or 26H.
128 Amendment of s 636 (Liability of executive officers of
corporation)
Section 636(1), after ‘Schedule 4’—
insert—
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[s 129]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 58
Authorised by the Parliamentary Counsel
, or a prescribed offence against a provision of the
national regulations made under section 88,
129 Amendment of s 637 (Treatment of unincorporated
partnerships)
Section 637(4), ‘schedule 4’—
omit, insert—
Schedule 4, or a prescribed offence against a
provision of the national regulations made under
section 88,
130 Amendment of s 638 (Treatment of other unincorporated
bodies)
Section 638(4), after ‘Schedule 4’—
insert—
, or a prescribed offence against a provision of the
national regulations made under section 88,
131 Insertion of new Pt 12.1, Div 1, hdg
Before section 651—
insert—
Division 1 Directions to Regulator
132 Replacement of s 651 (Policy directions)
Section 651—
omit, insert—
651 Policy directions
(1) The responsible Ministers may give directions to
the Regulator about the policies to be applied by
the Regulator in exercising its functions under this
Law.
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[s 132]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
(2) A direction under this section can not be about—
(a) a particular person; or
(b) a particular heavy vehicle; or
(c) a particular application or proceeding.
651A Directions to prevent or minimise serious
public risk
(1) The responsible Ministers may give a direction to
the Regulator requiring the Regulator to take or
not to take particular action in relation to a serious
public risk.
(2) A responsible Minister for a participating
jurisdiction may give a direction to the Regulator
under subsection (1) in relation to that
jurisdiction.
(3) A direction may be given only if the responsible
Ministers or Minister, as the case requires, is
satisfied the direction is necessary to prevent or
minimise a serious public risk.
(4) A direction under this section can not be about—
(a) a particular person; or
(b) a particular heavy vehicle; or
(c) a particular application or proceeding.
651B Directions in relation to alternative
compliance accreditation
(1) The responsible Ministers may give a direction to
the Regulator requiring the Regulator to take or
not to take particular action in relation to
alternative compliance accreditation.
(2) A direction may be given only if the responsible
Ministers are satisfied the direction is necessary to
prevent or minimise a serious public risk.
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[s 133]
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Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
651C Directions to investigate or provide advice or
information
(1) The responsible Ministers may give a direction to
the Regulator requiring the Regulator to
investigate, or provide advice or information
about, any matter relating to a public risk.
(2) A responsible Minister for a participating
jurisdiction may give a direction to the Regulator
under subsection (1) in relation to that
jurisdiction.
(3) A direction under this section can not—
(a) direct the Regulator as to how to conduct an
investigation; or
(b) direct the Regulator as to which persons the
Regulator may request or direct to provide
assistance; or
(c) be about the outcome of an investigation; or
(d) direct the Regulator to stop an investigation.
651D General provisions about directions
(1) The Regulator must comply with a direction given
to the Regulator under this Division.
(2) The Regulator must publish a copy of a direction
on the Regulator’s website.
(3) The Regulator’s annual report must include—
(a) a copy of a direction; and
(b) the action taken by the Regulator to comply
with the direction.
133 Insertion of new Pt 12.1, Div 2, hdg
Before section 652—
insert—
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[s 134]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 61
Authorised by the Parliamentary Counsel
Division 2 Other provisions
134 Amendment of s 653 (Approved guidelines for
exemptions, authorisations, permits and other
authorities)
(1) Section 653, heading, ‘authorities’—
omit, insert—
matters
(2) Section 653(1)(l)(iv) and (v)—
omit, insert—
(iv) section 174(1)(b).
(3) Section 653, after subsection (1)—
insert—
(1A) The responsible Ministers must not approve
guidelines unless satisfied the following have
been consulted about the guidelines—
(a) the Regulator;
(b) any other persons the responsible Ministers
consider relevant.
135 Amendment of s 654 (Other approvals)
Section 654(1)—
omit, insert—
(1) The responsible Ministers may approve the
following—
(a) a standard for the carrying out of audits of
an operator’s safety management system by
approved auditors for the purposes of heavy
vehicle accreditation;
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Clause 2
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[s 136]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
(b) a standard with which an operator’s safety
management system must comply for the
purposes of heavy vehicle accreditation;
(c) a standard for alternative compliance hours
for the purposes of fatigue alternative
compliance accreditation.
Note—
Section 461A(3) requires the alternative compliance
hours specified by the Regulator to comply with the
standard for alternative compliance hours.
(1A) The standard approved under subsection (1)(a)
must—
(a) address the following—
(i) the purpose of audits;
(ii) how and when audits will be carried
out;
(iii) the auditors who may carry out audits;
(iv) oversight of audits; and
(b) be prepared by the Regulator.
(1B) Before submitting the standard referred to in
subsection (1)(a) to the responsible Ministers for
approval, the Regulator must consult with persons
the Regulator considers relevant.
136 Insertion of new s 659A
After section 659—
insert—
659A Responsible Ministers may issue statement
of expectations
(1) The responsible Ministers may issue a written
statement (a statement of expectations) to the
Regulator stating the expectations of the
responsible Ministers in relation to the exercise of
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[s 137]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 63
Authorised by the Parliamentary Counsel
the Regulator’s functions.
(2) The Regulator must exercise its functions in
accordance with any statement of expectations.
137 Amendment of s 663 (Membership of Board)
(1) Section 663(1), ‘5 members’—
omit, insert—
at least 5, but no more than 7, members
(2) Section 663(2)—
omit, insert—
(2) The Board must consist of members with
expertise, experience and skills the responsible
Ministers consider appropriate.
(2A) The responsible Ministers may recommend a
person for appointment as a member of the Board
only if satisfied there is no material conflict of
interest between the person’s employment or
other activities and the functions of the Board.
Examples of a material conflict of interest between a
person’s employment or other activities and the functions
of the Board—
• the person’s role as an employee of a corporation
involved in transport activities
• the person’s role as an elected member or employee
of a heavy vehicle industry body
(3) Section 663, after subsection (3)—
insert—
(4) In this section—
employment means any paid work and includes—
(a) engagement under a contract for services,
for example, as a contractor or consultant;
and
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